Bill Text: NY A07484 | 2023-2024 | General Assembly | Introduced

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Bill Title: Enacts the "pupil privacy act" which requires schools to notify the parents or legal guardians of every student when a student protected information survey will be administered and provide such parent or legal guardian the opportunity to opt their child out of taking such survey.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to education [A07484 Detail]

Download: New_York-2023-A07484-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7484

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 25, 2023
                                       ___________

        Introduced by M. of A. THIELE -- read once and referred to the Committee
          on Education

        AN  ACT  to  amend  the  education  law, in relation to establishing the
          "pupil privacy act"

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The education law is amended by adding a new article 18 to
     2  read as follows:
     3                                 ARTICLE 18
     4                              PUPIL PRIVACY ACT
     5  Section 850. Sbort title.
     6          851. Definitions.
     7          852. Student protected information surveys; notification; opting
     8                 out.
     9    § 850. Short title. This article shall be known and may  be  cited  as
    10  the "pupil privacy act".
    11    § 851. Definitions.  For  the  purposes  of this article the following
    12  terms shall have the following meanings:
    13    1. "School" shall mean any public, private or charter school  and  any
    14  school  established pursuant to chapter eight hundred fifty-three of the
    15  laws of nineteen hundred seventy-six or section four thousand twenty-one
    16  of this chapter that offers instruction to pupils enrolled in kindergar-
    17  ten through twelfth grade; and
    18    2. "Student information  protected  survey"  shall  mean  any  student
    19  survey  that  contains one or more personalized and specific question or
    20  questions related to a student's, parent's or legal guardian's  personal
    21  attitudes,  beliefs,  or  experiences  related  to  any of the following
    22  subject areas:  health; mental health; sexual behavior; gender identifi-
    23  cation; religious practices, affiliations, or beliefs; or family  dynam-
    24  ics.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10376-02-3
        A. 7484                             2

     1    §  852.  Student  protected  information surveys; notification; opting
     2  out.  1. No later than fifteen school  days  prior  to  administering  a
     3  student  protected information survey, a school shall notify the parents
     4  or legal guardians of every student that such survey  will  be  distrib-
     5  uted.
     6    2. Such notice shall:
     7    (a)  explain  the  purpose of the survey and shall clarify whether the
     8  survey is part of the health or other general  education  curriculum  or
     9  unrelated to either;
    10    (b)  provide  the exact content of the survey questions including each
    11  question as it will appear in the survey; and
    12    (c) provide parents and legal guardians the opportunity to  opt  their
    13  child out from participating.
    14    3.  Pursuant  to  paragraph  (c)  of  subdivision two of this section,
    15  parents and legal guardians shall be provided with a  mechanism  to  opt
    16  their  child  out  of completing a student protected information survey.
    17  Each school shall determine the most effective mechanism to utilize  for
    18  such  process  and  such  mechanism  shall  be clearly delineated in the
    19  applicable notice. Every school shall permit receipt of  such  notifica-
    20  tion  by  the  parent or legal guardian up until the time such survey is
    21  administered.
    22    § 2. This act shall take effect immediately.